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(영문) 인천지방법원 2014.11.06 2014고단5122
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

Around 02:55 on June 14, 2014, the Defendant was under the influence of alcohol by 0.109% of blood alcohol concentration. Around 02:55, the Defendant driven a e-mail-man car with work, and was driving the e-mail-man car in the Bupyeong-gu Incheon Metropolitan City toward the opening side on the side of the zone. On the other hand, due to the negligence of violating the signal, the Defendant was driving the e-cab driven by the victim D (55 years old) who turn to the right side of the e-si driven by the victim D (5 years old) who turn to the right side of the e-si driving at the right side of the e-si in front of the said car and caused the victim F (40 years old), who is the passenger of the above e-car, to take treatment for about three weeks, and did not immediately destroy the e-mail and stop the e-mail as it is and did not immediately destroy it.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A traffic statement of F;

1. A traffic accident report, actual condition investigation report, accident site photograph, etc., investigation report (security of a suspect and detailed circumstances, etc.) and investigation report;

1. The circumstantial statement of a host driver, a report on detection of a host driver, and an investigation report (an entry with the mark formula);

1. Each medical certificate and opinion;

1. Application of Acts and subordinate statutes to a certificate of scrapping;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148, 54 (1) of the Road Traffic Act, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime at issue;

1. Punishment provided for in Articles 40 and 50 of the Commercial Concurrent Crimes Act (a punishment provided for in Articles 40 and 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the violation of the Road Traffic Act (unclaimed Measures after Accidents), and a punishment provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes against Victims F with the most severe punishment or punishment);

1. Selection of penalty:

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